Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014

Overview

The Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 was enacted by the Parliament of Australia to address the growing concern of Australian citizens travelling overseas to engage in terrorist activities or return to Australia with terrorist experience. The Act introduces a range of amendments to existing counter-terrorism legislation, as well as creating new provisions to strengthen the ability of law enforcement and intelligence agencies to prevent and investigate such activities. Key amendments include provisions for the suspension and cancellation of Australian passports and travel documents, the introduction of delayed notification search warrants, and new offences related to advocating terrorism, foreign incursions, and recruitment. The Act also seeks to restrict welfare payments to individuals who may pose a security risk to Australia or a foreign country. The overarching policy objective of the Act is to enhance the capability of the Australian government to counter terrorism and protect national security.

Scope and Application

The Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 applies to various Commonwealth statutes and amends them to strengthen Australia's counter-terrorism measures. It also repeals the Crimes (Foreign Incursions and Recruitment) Act 1978. The Act applies to both persons and entities, particularly those involved in counter-terrorism efforts, immigration, and social security. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia. The Act does not specify any exclusions or exemptions, and its application is not restricted through subordinate instruments. The provisions of the Act generally apply to decisions, conduct, and transactions occurring after the relevant commencement dates, with specific provisions addressing both past and future actions. Key amendments include updates to the definition of terrorism offences, provisions for the suspension of Australian travel documents, the introduction of delayed notification search warrants, and the cessation of family assistance, parental leave pay, and social security payments for individuals deemed a security risk.

Key Provisions

• The Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 primarily amends various pieces of Australian legislation to strengthen counter-terrorism measures, including provisions relating to travel document suspensions, delayed notification search warrants, foreign incursions, and welfare payments for individuals assessed as a security risk. The Act allows the Director-General of Security to request the Minister to suspend all Australian travel documents issued to a person for 14 days if there is a suspicion that the person may leave Australia to engage in conduct that might prejudice the security of Australia or a foreign country. Additionally, it introduces provisions for delayed notification search warrants, which authorise the entry and search of premises without the knowledge of the occupier to prevent or investigate terrorism offences. The Act also makes amendments to the definition of terrorism offences and related provisions in various Acts, including the Crimes Act 1914, the Criminal Code Act 1995, and the Australian Passports Act 2005.
• Obligations imposed by the Act include the requirement for eligible officers to provide detailed information when applying for a delayed notification search warrant, and the duty of executing officers to prepare and give notices to warrant premises occupiers after executing a search warrant. The Act also mandates annual reporting by the chief officer of an eligible agency to the Minister and the Ombudsman, and requires the Ombudsman to inspect the records of each eligible agency at least once every six months to determine compliance with the Act.
• The Act imposes several civil and criminal penalties for breaches. Failure to surrender a suspended Australian travel document to an officer upon demand is a criminal offence punishable by imprisonment for six months or 10 penalty units, or both. Engaging in conduct that results in the inability to produce a record or thing requested under a warrant is a criminal offence punishable by imprisonment for five years. Refusing or failing to provide information or attend before an inspecting officer as required under the Act is a criminal offence punishable by imprisonment for six months. Advocating the commission of a terrorism offence is a criminal offence punishable by imprisonment for five years. Unauthorised disclosure of information relating to a search warrant or its execution is a criminal offence punishable by imprisonment for two years. The Act also provides for the forfeiture of documents and compensation for damage to electronic equipment under certain conditions.
• The Act includes a range of offences with corresponding penalties. For instance, entering or remaining in a declared area in a foreign country with the intention of engaging in hostile activities is an offence punishable by imprisonment for 10 years. Engaging in conduct preparatory to the commission of such an offence, accumulating weapons with the intention of committing such an offence, and facilitating the recruitment of persons to serve in an armed force in a foreign country are all offences punishable by imprisonment for life. These offences carry an absolute liability element, meaning that intent or knowledge is not required for conviction. Furthermore, the Act introduces provisions for the cancellation of visas on security grounds, with specific rules for the revocation of such cancellations.

Legal classification tags

Area of Law

National Security Law

Criminal Law

Immigration & Refugee Law

Counter-Terrorism Law

Instrument

Act

Concepts

Commencement Provisions

Offence Provisions

Civil Penalty Provisions

Prohibited Conduct

Delegated & Subordinate Legislation

Enforcement Powers

Reporting & Disclosure Obligations

Repeal & Amendment